COLLECTIVE AGREEMENT BETWEEN BRANDON UNIVERSITY -AND

COLLECTIVE AGREEMENT BETWEEN BRANDON UNIVERSITY -ANDINTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL #987(D) APRIL 1, 2009 - MARCH 31, 2012 THIS AGREEMENT entered into this 11th day of June , 2009, BETWEEN: BRANDON UNIVERSITY (Hereinafter called the "University") OF THE FIRST PART, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL #987 (D) (Hereinafter called the "Union") OF THE SECOND PART 2 TABLE OF CONTENTS CLAUSE PAGE Definition and Entitlements.............................................................................. 4 Object .............................................................................................................. 5 Scope of Recognition ...................................................................................... 5 Representatives, Committees, Meetings ........................................................ 5 Union Dues...................................................................................................... 6 Working Hours and Shifts................................................................................ 6 Overtime .......................................................................................................... 7 Statutory Holidays ........................................................................................... 8 Personal Days/Annual Vacations with Pay ..................................................... 9 Probation, Seniority and Promotions............................................................. 10 Lay-Off and Recall......................................................................................... 11 Leave of Absence and Compassionate Leave ............................................. 12 Maternity/Adoption/Parental Leave & Maternity Leave Allowance ............... 13 Grievance Procedure and Arbitration............................................................ 14 University's Rights ......................................................................................... 17 Bulletin Boards and Shop Stewards.............................................................. 17 Sick Leave, Pension, and Group Benefits..................................................... 18 Remission of Tuition Fees............................................................................. 19 Use of University Premises ........................................................................... 19 Contracting Out ............................................................................................. 19 Criminal and Civil Liability ............................................................................. 20 Worker's Compensation and Manitoba Public Insurance ............................. 20 Technological and/or Organizational Change............................................... 20 Clothing Allowance and Transportation ........................................................ 21 Safety and Health .......................................................................................... 22 Wages ........................................................................................................... 22 Severance Pay and Notice............................................................................ 22 Description of Duties ..................................................................................... 23 Period of Agreement ..................................................................................... 23 Schedule "A".................................................................................................. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DEFINITIONS DIRECTOR - the Director, Physical Plant , or his designee, or such person as the University so designates. EMPLOYEE - a person employed by the University on a full-time or part-time basis and including casual, temporary and seasonal employees, as defined below, in one of the occupational classifications within the scope of this Collective Agreement. REGULAR EMPLOYEE - a full-time (works the hours specified in Clause 5.1) or part-time (works less than the hours specified in Clause 5.1) employee who is employed on a continuing basis. This includes employees on probation. CASUAL EMPLOYEE - an employee who is employed to work on an unscheduled, intermittent basis to a maximum of three hundred (300) hours per fiscal year and up to no more than one hundred and nine (109) hours in a consecutive thirty (30) calendar day period unless otherwise mutually agreed. The casual employee will be deemed to be a temporary employee if these hours are exceeded. (2003) SEASONAL EMPLOYEE - an employee who is a groundskeeper, normally employed during the period May 1st to August 31st. TEMPORARY EMPLOYEE - an employee who is employed for a period, which is anticipated to be of limited duration not exceeding one (1) year. Any temporary employee who works in excess of twelve (12) continuous months, on a full-time or part-time basis, shall be deemed to be a regular employee. (2003) COMMON-LAW SPOUSE - a person publicly represented by an employee as the spouse of that employee (a) (b) (c) where either of the persons is prevented by law from marrying the other, for a period of not less than three years, or where neither of them is prevented by law from marrying the other, for a period of not less than one year, and where the employee has on file in the Human Resources Office a declaration of same. Where spouse is used throughout this agreement it shall include common-law spouse. NOTE: Casual and temporary employees, by virtue of their employment, shall not reduce the regular working hours of any other category of employee. ENTITLEMENTS A part-time employee shall be entitled to the benefits of a full-time employee pro-rata (as applicable). A casual employee shall be entitled to the following benefits: 1. Statutory holiday pay and Vacation Pay in accordance with the Employment Standards Code of Manitoba. Overtime payment in accordance with the provisions of this Agreement. Except as otherwise provided, all other benefits of this Agreement. 2. 3. A casual position shall not require posting. A seasonal employee and position shall be entitled to and governed by the same provisions as a temporary employee and position. 4 A temporary employee shall be entitled to the benefits of this Agreement, pro-rata, except as otherwise provided. CLAUSE 1 OBJECT 1.1 The objects of this Collective Agreement are to promote cooperation and harmony between the University and its employees, and to facilitate the peaceful adjustment of all disputes and grievances to prevent strikes, lockouts, waste, avoidable expenses and unnecessary delays. The mutual interest of the University and its employees is hereby recognized and all parties to this Collective Agreement are pledged to assist in the operation of the departments of the University mentioned in the attached Schedule "A" of this Collective Agreement under methods that will promote safety and efficiency. 1.2 CLAUSE 2 SCOPE OF RECOGNITION 2.1 This Collective Agreement shall apply to those employees of the University who are within the bargaining unit defined in the certification order No. MLB 5525 and who are employed in the classifications set forth in Schedule "A" attached and inclusive of the Collective Agreement. New classifications created during the term of this Agreement and coming within the scope of the bargaining unit as defined, shall be added to Schedule "A". Classifications existing in this Agreement may be added to or deleted from the bargaining unit by agreement between the University and the Union. Supervisors or other persons whose positions are excluded from this Agreement shall not perform work of the bargaining unit, except for instructional purposes, or in emergent situations. Where the context so requires, feminine and masculine genders, and singular and plural numbers shall be considered interchangeable. No employee shall be required or permitted to make an agreement with the University which conflicts with this Agreement. The University shall provide the Union with the names of all employees hired during the preceding calendar month, their classification and starting rate of pay, also the names of all employees who have terminated with the University, for whatever reason, and their classification. 2.1.1 2.1.2 2.2 2.3 2.4 2.5 CLAUSE 3 REPRESENTATIVES, COMMITTEES, MEETINGS 3.1 The Union shall keep the University informed at all times as to the names of its officers and members who may be appointed or elected from time to time to any executive, grievance or negotiating committee, or to the position of a steward. With the prior approval of the Director, a steward acting on behalf of the Union in endeavoring to process a grievance or solve a problem with management may do so within working hours. Such approval shall be granted unless it is unduly detrimental to the safety and efficiency of the operations. When meeting with the University, the number of employees attending as representatives of the Union who are entitled to receive their usual remuneration from the University shall be as follows: 3.2 3.3 5 3.3.1 In the case of a grievance, including arbitration, a maximum of two (2) representatives and any other employees with the approval of the Director or designee. In the case of negotiation, including meetings with a conciliation board or an appointed mediator, a maximum of two (2) representatives. In the case of mutually agreed joint meetings of representatives of the Union and the University to discuss matters relating to the administration, application and interpretation of this Agreement, a maximum of two (2) representatives. When the University requires an employee to be present at a meeting called by the University, time spent at such meeting will be considered as time worked. This provision shall not apply to dinner meetings, where attendance by an employee is voluntary. (2009) 3.3.2 3.3.3 3.4 CLAUSE 4 UNION DUES 4.1 The University will deduct from the wages of each employee in the unit affected by the Collective Agreement the amount of the regular monthly membership dues and initiation fees payable by a member of the Union, and such other assessments as the Union may direct in writing. The University will remit to the Union monthly the amounts deducted under Clause 4.1. The University will inform the Union monthly of the names of the employees from whose wages deductions have been made and the amounts so deducted from the employees' wages. The University agrees to include the amount of union dues deducted from each employee during the relevant taxation year on the income tax T-4 slips. 4.1.1 4.1.2 4.2 CLAUSE 5 WORKING HOURS AND SHIFTS 5.1 The normal working hours for full-time regular or temporary employees shall be thirty-six and one-quarter (36 1/4) hours per week, consisting of five (5) consecutive days (Monday to Friday for regular employees of record as of 16 November 1995, except by mutual agreement) of seven and one-quarter (7 1/4) hours per day. Meal & Rest Periods (a) An employee working a full day (per Article 5.1) shall be granted one (1) meal break and two (2) rest periods, one (1) rest period to be granted before the meal break and the other after. An employee working five (5) hours in a day, but less than a full day, shall be granted one (1) meal break and one (1) rest period. An employee working less than five (5) hours in a day shall be granted one (1) rest period. Meal breaks shall be uninterrupted, without pay, and of not less than thirty (30) minutes duration, or more than sixty (60) minutes. Where the work shift so accommodates, the meal break will be between 11:30 a.m. and 1:00 p.m. Rest periods shall be uninterrupted, with pay, and of fifteen (15) minutes duration. They shall not begin until one (1) hour after commencement of work, or less than one (1) hour before either the meal break or the termination of work. They shall not be combined with a meal period or non-work time. 5.2 (b) (c) (d) (e) 6 5.3 The foregoing, however, shall not prevent trial and implementation of changes in the hours of work, if mutually agreed between the Union and the University. An employee's record of attendance shall be available for review by the employee. 5.4 7 Posting Work Schedule 5.5 The University shall post a weekly work schedule for all regular, temporary and seasonal employees, not later than the previous Thursday, for a two (2) week period. If a new schedule is not posted by Thursday noon, then the previously posted schedule shall continue for the following two (2) week period. Such schedule may be changed providing the employee receives forty-eight (48) hours notice of change. If no notice is given, the University shall pay an additional four (4) hours pay to the employee. Effective the date of signing this agreement, a regular, temporary and seasonal employee who works a full shift where one-half (1/2) or more of the hours are worked between 4 p.m. and 8 a.m. shall receive a shift premium of seventy-three (73) cents per hour for hours worked between 4 p.m. and 8 a.m.. Effective April 1, 2010, this premium shall increase to seventy-five (75) cents and effective April 1, 2011, this premium shall increase to seventyseven (77) cents. A premium of sixty-five (65) cents per hour shall apply to all hours worked on a Sunday by a regular employee. Effective April 1, 2010, this premiums shall increase to sixty-seven (67) cents and effective April 1, 2011, this premium shall increase to sixty-nine (69) cents.These premiums are not applicable when overtime rates apply. Shift premium work shall be optional. (2009) An employee scheduled to work, and who reports for work shall, if required to work less than four (4) hours, receive four (4) hours' pay at her regular hourly rate. 5.6 5.7 Relieving Rates of Pay 5.8 An employee relieving another employee in a higher paid classification shall receive the other employee's regular hourly rate of pay when the other employee is relieved for one (1) week or more. Emergency Pay 5.9 In the event of extreme, severe weather conditions, an employee who reports for work within two (2) hours of her scheduled work time, shall receive pay for that full day. The employee shall notify the Director, Physical Plant when failing to report to duty whenever possible. If the Director, Physical Plant cannot be reached, the employee shall notify the Supervisor, Physical Plant. If neither can be reached, the employee shall leave a message, which shall be considered as notice. The University will provide each employee with the telephone numbers to be called and where messages are to be left. CLAUSE 6 OVERTIME 6.1 All overtime worked (hours in excess of those outlined in Clause 5), which is paid by the University must be authorized by the Director. Except in emergency situations, such overtime must be authorized in advance. All time worked in excess of the hours of work as outlined in Clause 5 on any day of work shall be paid for at the rate of double time (2X) the regular pay, except as hereinafter provided. A regular, temporary or seasonal employee called back to duty shall be paid for all overtime worked at overtime rates set forth in Clause 6.2, with a minimum pay for any callback to the equivalent of two (2) hours pay at double time (2X). A regular, temporary or seasonal employee called back to duty on a regular day of rest shall be paid for all overtime worked at the rate of double time (2X), with a minimum pay for a callback of four (4) hours at double time (2X). 6.2 6.3 6.4 8 6.5 A casual employee called back to duty where it results in hours worked in excess of seven and one-quarter (7 ¼) per day or thirty-six and one-quarter (36 ¼) per week (Saturday to Friday) shall be paid for all overtime worked at overtime rates set forth in Clause 6.2, with a minimum pay for any callback to the equivalent of two (2) hours pay at double time (2X). A callback shall be defined as any call back to work received by a regular, temporary, or seasonal employee during the period between any completion of work and subsequent starting time. A regular, temporary, or seasonal employee who works on a statutory holiday as outlined in Clause 7, shall be paid double (2X) her regular rate of pay in addition to her regular earnings for the day. When a regular, temporary, or seasonal employee works overtime, she may, if the University agrees, elect to receive time off instead of payment. Such time off shall be equivalent in hours to the pay for such overtime. The employee shall make her election at the time of completing her overtime claim sheet. Where circumstances permit, when a regular, temporary, or seasonal employee requests an exchange of work for time off, or time off for work, such an exchange shall be at a mutually agreed time on a rate of pay basis. Arrangements for such time off shall be confirmed within thirty (30) calendar days. A regular, temporary, or seasonal employee who works on her day of rest which is also a statutory holiday shall be paid at the rate of quadruple time (4X) for all hours worked. An employee who works three (3) hours or more unscheduled overtime at the conclusion of a shift worked on a regular working day, shall be entitled at the beginning of the first three (3) hour, and each subsequent four (4) hour overtime period, to have a hot meal, if readily available, provided to her by the University, or eleven dollars ($11.00) to cover the cost of such a meal. First right of refusal of overtime work shall be offered to the individual(s) assigned to a particular building or work assignment (residences shall be deemed to be one building for purposes of this clause). Seniority shall be the determining factor for all overtime within the building/work assignment and then within the unit. 6.6 6.7 6.8 6.9 6.10 6.11 6.12 CLAUSE 7 STATUTORY HOLIDAYS 7.1 For the purpose of this Agreement, statutory holidays shall mean: New Year's Day, Louis Riel Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed as a statutory holiday by the National or Provincial governments. (2009) When any of the aforementioned holidays falls on a regular, temporary, or seasonal employee's day of rest, the University shall designate another working day to be observed as a holiday in lieu thereof. Until December 31, 2009 the University will grant to the regular employees of this bargaining unit, one (1) day off without loss of pay during the week of “mid-term break”. (2009) Until December 31, 2009 a “floating “ paid holiday shall be observed in lieu of Easter Monday. Human Resources shall declare by March 1st the day the floating holiday is to be observed as a paid holiday for all regular, temporary, or seasonal employees. The day the floating holiday is observed shall immediately precede or follow a weekend or another declared holiday. (2009) In order to qualify for statutory holiday pay, a regular, temporary, or seasonal employee must work the shift scheduled for the employee immediately before and immediately after 7.2 7.3 7.4 7.5 9 the holiday, as per the schedule in Clause 5.5, unless unable to work due to illness or authorized absence. 10 CLAUSE 8 PERSONAL DAYS/ANNUAL VACATIONS WITH PAY 8.1 For the purpose of determining personal days/annual vacations with pay, years of service for employees shall be determined as per Clause 9, but an employee shall lose her years of service if she loses her seniority. A regular employee who wishes to take a regularly scheduled work day or part day off for reasons other than for those provided in other clauses of the Collective Agreement (e.g. compassionate leave) shall take the day as a paid personal day. A regular employee who has completed one (1) year's accumulated service with the University prior to June 30th of each year, shall be entitled to three (3) weeks of time off with pay, for personal days/vacation. Personal days/vacation, hereinafter, shall be referred to as vacation. A regular employee who has completed two (2) years' accumulated service with the University prior to June 30th of each year, shall be entitled to four (4) weeks' vacation with pay. A regular employee who has completed nine (9) years' accumulated service with the University prior to June 30th of each year, shall be entitled to five (5) weeks' vacation with pay. A regular employee who has completed nineteen (19) years' accumulated service with the University prior to June 30th of each year, shall be entitled to six (6) weeks' vacation with pay. A casual, temporary or seasonal employee shall receive vacation pay on each bi-weekly pay calculated as a percentage of regular hours worked, as described in Clause 8.6. (2009) Effective January 1, 2010, all regular employees shall be entitled to an additional two vacation days to be designated by Human Resources and used during the Christmas to New Year’s period. Such days are only available to regular employees of record as at the designated period. (2009) Regular employees who have not accumulated twelve (12) months' service with the University at June 30th of any year, shall be entitled to one and one-quarter (1 1/4) days' vacation with pay for each month of accumulated service, plus a portion of the monthly vacation entitlement for any part of a month; however, when an entitlement so calculated involves a fraction of a day, it shall be reduced to the nearest whole number of days if under one-half (1/2) a day, or increased to the nearest whole day if one-half (1/2) day or over. The entitlement in this clause shall not exceed a maximum of three (3) weeks' vacation with pay. A regular employee who terminates her employment or whose employment is terminated for any reason, is entitled to pay in lieu of vacation earned but not taken, calculated as a percentage of regular hours worked. Vacation and partial vacation pay will be calculated as follows: (a) For employees whose level of vacation entitlement is three (3) weeks' vacation, six percent (6%) of hours worked, For employees whose level of vacation entitlement is four (4) weeks' vacation, eight percent (8%) of hours worked, For employees whose level of vacation entitlement is five (5) weeks' vacation, ten percent (10%) of hours worked, 8.2 8.3 8.3.1 8.3.2 8.3.3 8.3.4 8.4 8.5 8.6 (b) (c) 11 (d) 8.7 For employees whose level of vacation entitlement is six (6) weeks' vacation, twelve percent (12%) of hours worked. (2009) The University will post, not later than May 1st of each year, a list, by seniority sequence, of vacation entitlements. Up to and including May 15th, the regular employees will be given an opportunity to indicate their preference of vacation time. They shall attempt to mutually agree on their vacation preference. Where there is a conflict in vacation preference between two (2) or more regular employees, seniority shall be the determining factor. When a regular employee exercises her seniority as above, she shall be dropped to the bottom of the seniority list for preference of future vacation selection for a period of one (1) year. The University will post an approved vacation schedule not later than June 1st and such vacation schedule shall not be changed unless mutually agreed between the regular employee and the University. A regular employee shall be entitled to vacation with pay subject to the following: (a) The year on which normal annual vacation entitlements are based is defined as the preceding period from July 1st to June 30th, (b) A regular employee shall be entitled to an unbroken vacation period based on the entitlement earned during the preceding vacation year. The whole of the vacation year will be available for all regular employees subject to minimum staffing requirements as determined by the University. The vacation period shall be mutually agreeable to both the regular employee and the University, (c) The Director can authorize a period of vacation to the extent earned prior to the completion of any vacation year, or up to one (1) week of vacation may be carried over from the normal vacation to the next vacation year, (d) Where a statutory holiday falls within the vacation period, a compensating day's holiday will be provided. Normally, such day will be allowed immediately preceding or following the vacation. (2009) 8.8 8.9 In the event that a regular employee is hospitalized, or bed-ridden for three (3) or more days during her vacation, sick leave may be substituted for vacation leave. The employee must provide a medical certificate attesting to the fact that the hospitalization or bed rest was necessary and indicating the time period involved. In the event that the regular employee is involved in an accident as a result of working an outside paid job, she will not be entitled to substitute sick leave for vacation leave. CLAUSE 9 PROBATION, SENIORITY & PROMOTIONS 9.1 A new regular, temporary, or seasonal employee will be considered on probation until she has accumulated three (3) months' service for the University. In the instance of regular, temporary, or seasonal employees working less than full-time, this period will not extend past six (6) calendar months. Where the Director finds that there is reasonable doubt concerning any regular, temporary, or seasonal employee's suitability by the end of the probation period, she may decide to renew or extend the probation period. The regular, temporary, or seasonal employee and the Union will be notified in writing of this renewal or extension, stating the area of concern. A regular, temporary, or seasonal employee who is found to be unsuitable for a position during a probationary period will be released. A regular employee's service and seniority will begin with her first day of employment and shall be the cumulative amount of time which the employee has worked for the University. All seniority shall be stated in equivalent of years of service to two (2) decimal places (i.e. 6.18 years, 11.23 years). A year of service for an employee working thirty-six and onequarter (36 1/4) regular hours per week shall be 1885 hours. No employee may, by reason of working extra hours, receive credit for more than one (1) year of service during a one (1) year period. 9.2 12 9.3 A temporary or seasonal employee who is hired for a single limited term of employment of twelve (12) months or less will not be subject to seniority or service provisions. Upon becoming a regular employee, all past hours worked in this bargaining unit will be recognized for matters of seniority and benefits as outlined in the Collective Agreement. An employee who leaves a position within the scope of the bargaining unit, but who continues to be a regular employee of the University, shall retain seniority as at her time of leaving the bargaining unit, should she return to a position within the bargaining unit. An employee shall lose all seniority if she: (a) (b) (c) (d) voluntarily quits the employ of the University, is discharged, has been laid off for more than twelve (12) consecutive months, following a lay-off, fails to advise the University within five (5) days of receipt of notice sent by registered mail to return to work, of her intention to return, or fails to report for work on the date and at the time specified in the said notice. It shall be the duty of the employee to notify the University promptly of any change of address. If an employee should fail to do so, the University will not be responsible for failure of such notice to reach the employee. 9.4 9.5 9.6 The University shall prepare in the month of May of each year, a seniority list of the regular employees which shall show the name, years of service, classification and department. This list shall be based on all hours worked up to March 31st. A copy of this list and home addresses will be supplied to the Union. The list shall remain open for a period of thirty (30) days from date of posting for corrections. On presentation of proof of error by a regular employee or the Union within thirty (30) days, a correction shall be made immediately and the correction shall be shown on any subsequent list. The University further agrees to provide a list of the accumulated sickness benefits for each regular or temporary employee covered under this Agreement at the same time, such list will be provided to the Union. Providing an employee has the ability to perform the normal requirements of the job after an appropriate training and trial period, seniority, qualifications, and ability shall be the governing factors in matters of promotion, demotion, lay-off, recall after lay-off, awarding of a new position or vacated positions, or relieving another employee in a higher paid classification. The University shall post notice of regular and temporary positions being recruited for a minimum of five (5) working days before they are filled. The notice shall set out the job description, qualifications required by the job, classification and wage rate. A copy of all job postings will be given to the shop stewards and the Union office. No outside media advertisement shall appear prior to the job being posted on the University notice boards. 9.7 9.8 CLAUSE 10 LAY-OFF & RECALL 10.1 In the event of a lay-off in the bargaining unit, regular employees shall be laid off in the reverse order of their seniority within a given job/pay classification. A regular employee who is laid off may assume the position of the most junior employee with less seniority than she in any classification for which she meets the requirements, causing the latter employee to be laid off. In the event of lay-off, a regular employee may apply for any existing vacancy within the bargaining unit and, where a vacancy exists, preference will be given to employees who have attained seniority. 10.2 13 10.3 A regular employee who has been laid off shall have her file maintained for one (1) year and shall be a candidate for any vacancy that may exist for which she meets the requirements. For the purpose of this Agreement, the term "lay-off" shall mean that a regular employee has been temporarily removed from the payroll subject to recall. No employee shall be laid-off and re-employed for the purpose of extending the period of temporary employment. 10.4 10.5 CLAUSE 11 LEAVE OF ABSENCE & COMPASSIONATE LEAVE 11.1 11.2 The requesting and granting of leaves of absence shall be in writing. The University agrees to allow time off without pay for one (1) delegate to attend Union conventions for a period of not more than ten (10) calendar days. Requests for more than one (1) delegate from each administrative unit shall be decided by mutual agreement between the University and the Union. The Union will give the University two (2) weeks' notice in regard to such requests to attend conventions. Upon the request of the employee and on the recommendation of the person designated by the University, leave of absence without pay may be granted to an employee. The Director, Human Resources shall be notified of any such leave granted and the Union shall be notified of leaves in excess of one (1) month. Requests for leave of absence without pay for more than thirty (30) days will be given consideration on the recommendation of the person designated by the University and, if granted, they will be subject to the following conditions: (a) Arrangements shall be made to continue payment of any staff benefit premiums being paid by the employee (including University premiums) prior to the leave, subject to the provisions of the benefit plans, and The employee's seniority and superannuation rights accrued prior to the date of the leave of absence shall not be affected. 11.3 11.4 (b) 11.5 A regular, temporary, or seasonal employee, shall be granted leave with pay in the event of the death of a member of her immediate family (defined as spouse, child, parent, grandparent, grandchild, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law). The period of such leave will be determined by the Director and shall not exceed one (1) week on any one (1) occasion. Any time over and above the said one (1) week shall be charged against annual vacation or be permitted only in accordance with Clause 11.1. An employee who is entitled to compassionate leave, as listed in this Clause, during vacation leave, shall receive vacation credits equal to the number of days of compassionate leave granted. 11.5.1 Necessary time off of up to one (1) day at basic pay shall be granted to a regular, temporary, or seasonal employee to attend a funeral as a pall-bearer. 11.6 A regular employee who is required to be absent to care for a member of her immediate family (defined as spouse or child residing in the employee's household, or parent), shall be granted leave with pay. The period of such leave shall not exceed ten (10) days in any one (1) fiscal year. Any time over and above shall be charged against annual vacation or be without pay. The period of such leave will be determined by the Director. 11.7.1 A regular, temporary, or seasonal employee served with a document requiring her to appear as a witness during Court proceedings or to serve jury duty shall be paid the difference between her regular full salary during such leave and any sum paid to the employee for such jury or witness duty. 14 11.7.2 The University may require the employee to furnish the document which requires her to appear as a witness or summons requiring her to appear for jury duty before making any payment under this Clause. 11.7.3 The employee will be required to work any portion of her scheduled shift that she is not required to attend Court proceedings, subject to loss of pay for non-attendance. Equivalent consideration and appropriate arrangements will be made for an employee working shift. 11.8 A regular, temporary, or seasonal employee shall be granted one (1) day's leave with pay to attend to needs directly related to the adoption of a child. At her option, such leave shall be granted on the day of or the day after the adoption. A regular, temporary, or seasonal male employee shall be granted two (2) days of leave with pay to attend to needs directly related to the birth of his child. At his option, such leave shall be granted on the day of, or the day following the birth of his child, or the day of his spouse's admission to or discharge from the hospital. A regular employee on education leave of absence shall continue to accrue seniority up to a maximum of one (1) year while on such leave. 11.9 11.10 Clause 12 MATERNITY/ADOPTION/PARENTAL LEAVE AND MATERNITY LEAVE ALLOWANCE 12.1 Maternity/Adoption/Parental Leave 12.1.1 An employee, who qualifies under the Manitoba Employment Standards Code, is eligible for maternity and/or adoption/parental leave as per the provisions of the Manitoba Employment Standards Code. 12.1.2 Nothing in this article shall prevent an employee from claiming sick leave for absences from work due to illness. During the period of maternity leave; sick leave and vacation benefits will not accrue. However, the period of maternity leave will count towards eligibility for long term vacation entitlement and seniority. 12.1.3 The parties agree that the provisions of this article shall be no less than those in the Manitoba Employment Standards Code and the Federal Employment Insurance Act as may be amended from time to time. 12.1.4 An employee who takes Maternity Leave and Parental Leave shall take them in one continuous period unless the employee and the University otherwise agree. An employee’s parental leave shall end thirty-seven (37) weeks after it began and commence not more than fifty-two (52) weeks from the date of birth or date of custody. However, an employee may end her parental leave earlier by giving written notice at least two (2) weeks or one (1) pay period, whichever is longer, before the day the employee wishes to end the leave. 12.1.5 An employee who adopts a child under the laws of the Province of Manitoba, or who becomes the natural parent of a child, and who has opted to take Parental Leave under the Manitoba Employment Standards Code and/or the Federal Employment Insurance Act, shall be entitled to a parental leave of up to thirty-seven (37) continuous weeks. (2006) 12.1.6 During the period of maternity/adoption/parental leave, an employee may continue membership in the University pension and group benefit plans by paying both University and employee monthly premiums based upon her regular salary, subject to the provisions of the benefit plans. If membership is continued, the period of leave shall be credited towards years of service in the calculations of pension benefits. 15 12.1.7 Upon return to work, a employee who has taken leaves under this Article shall resume his/her position, unless otherwise agreed to by the parties and assuming the employee’s employment contract date has not expired, with his/her full regular biweekly salary and benefits as provided under this Collective Agreement. 12.2 Maternity Leave Allowance 12.2.1 In order to qualify for Maternity Leave Allowance during maternity leave, a pregnant employee must: i) occupy a position on a full-time or part-time continuing basis, or ii) occupy a position on a full-time or part-time basis for more than one (1) year, and iii) have completed at least seven (7) consecutive months of employment with the University, with an appointment of at least fifty percent (50%) full-time equivalent, immediately prior to the date on which the proposed leave commences; and iv) submit a written notice to the Dean/Director at least four (4) weeks prior to the commencement of the leave (such notice period being alterable by mutual agreement and inapplicable if the employee stops working because of complications caused by pregnancy or because of birth, still birth, or miscarriage); and v) provide the Dean/Director with a certificate from a duly qualified medical practitioner certifying that the employee is pregnant and specifying the estimated date of her delivery; and vi) provide Human Resources with proof that she has applied for, and is eligible to receive, Employment Insurance benefits. 12.2.2 The employee is required to return to work upon the expiration of the maternity leave for an equivalent period to the leave taken. The employee shall be required to sign an agreement acknowledging that failure to return to work for the time period specified shall result in a requirement for repayment of the salary received during the leave, unless waived by mutual agreement. In the case of an employee holding a term appointment, the Maternity Leave Allowance paid by the University to the employee, as specified below, shall terminate as of the expiration date of said contract, and the requirement to return to work following the expiration date of said contract shall be waived by the University. 12.2.3 A qualified employee shall be entitled to receive Maternity Leave Allowance for a period of seventeen (17) weeks. The qualified employee is also entitled to Maternity Leave Allowance for an additional period equal to the period between the estimated date of delivery specified in the medical certificate and the actual date of delivery, if delivery occurs after the date mentioned in the certificate. Maternity leave must commence no later than the date of delivery and must be taken in one (1) consecutive period. 12.2.4 During the period of Maternity leave, the employee who qualifies shall receive from the University: i) for the first two (2) weeks, ninety-three percent (93%) of the employee’s regular biweekly salary, and ii) for up to a maximum of fifteen (15) additional weeks, an amount equal to the difference between the Employment Insurance (EI) benefits received by the employee and ninety-three percent (93%) of the employee’s regular bi-weekly salary. 12.2.5 Contributions to the University Retirement Plan and group benefit plans shall be continued by the University and the employee throughout the period that the employee is in receipt of Maternity Leave Allowance from the University, on the basis of ninety-three percent (93%) of the employee’s regular salary. The period of leave shall count as credited service in the calculation of pension benefits. The employee’s contributions will be deducted from the Maternity Leave Allowance paid by the University to the employee. CLAUSE 13 GRIEVANCE PROCEDURE AND ARBITRATION 16 13.1 The parties to this Agreement recognize the desirability for prompt resolution of grievances through an orderly process without stoppage of work or refusal to perform work. A grievance is defined as a complaint in writing concerning: (a) (b) the application, interpretation, or alleged violation of a Clause of this Agreement. the dismissal, suspension, demotion or written reprimand of an employee. 13.2 13.3 13.4 "Day(s)" means working day(s). Where a grievance has been initiated and the nature of the grievance is such that it has or potentially could have wide spread application affecting a number of employees, and where, as a result, the Union deems it impractical that each affected employee grieve separately, the Union shall have the right to present a group grievance on those matters defined in Clause 13.2(a). Such group grievances shall be presented directly to the Director of Human Resources within twenty (20) working days of the date of the action giving rise to the grievance. Where either party to this Agreement disputes the general application, interpretation or alleged violation of a Clause of this Agreement, either party may initiate a policy grievance. Such grievances initiated by the Union shall be made to the Director of Human Resources and such grievances initiated by the University shall be made to the Business Manager and in either case shall be within twenty (20) working days from the date either party became aware of the act giving rise to the grievance. A grievance initiated at the wrong step of the procedure shall be validated by re-initiation at the correct step within twenty (20) working days of notice in writing by the other party. Such notice shall be given within ten (10) working days of the grievance initiation. Should the other party fail to give such written notice within ten (10) working days, such grievance shall not be deemed to be invalid or defeated for such reason. Time limits as established shall be mandatory but time limits as established may be extended by mutual agreement between the parties to this Agreement. It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have her Steward present at such a discussion or any of the steps of the Grievance Procedure. When a grievance cannot be presented in person at any step, it may be transmitted by registered mail. A grievance arising from the demotion, suspension or dismissal of an employee shall be initially presented at Step Two of the Grievance Procedure. STEP ONE (a) Within twenty (20) days from the date when an employee became aware, orally or in writing, of the circumstances giving cause for a grievance, the employee and/or Representative shall present the grievance to the employee's immediate Director or designee. Within ten (10) days from the date the grievance was presented, the decision of Step One shall be presented in writing to the griever and/or Representative. 13.5 13.6 13.7 13.8 13.9 (b) STEP TWO (a) Where the decision is unsatisfactory to the griever, the grievance shall, within ten (10) days from the date the reply was received from Step One, be presented by the griever and/or Representative to the Director of Human Resources for consideration at this step. 17 (b) Within ten (10) days from the date the grievance was presented at this step, the decision of Step Two shall be presented in writing to the griever and/or Representative. 13.10 Where the University fails to issue a decision at any step of the Grievance Procedure within the time limits specified, the griever or Representative may process the grievance to the next step. If the reply at Step Two is not satisfactory, the grievance may be presented to Arbitration. An employee or the Union may present an objection in writing respecting the application of a written policy of the University respecting conditions of employment within twenty (20) working days of the action. In such cases, the objection shall be referred to the Director of Human Resources for a decision. If the Director of Human Resources decision is not satisfactory to the objector, then the objection shall be referred to the Board of Governors within ten (10) working days of the Director of Human Resources decision. The decision of the Board of Governors shall be final and binding upon the parties. 13.11 13.12 ARBITRATION PROCEDURE 13.13 No matter may be submitted to arbitration until the applicable steps of the Grievance Procedure have been exhausted. Either party, within ten (10) working days of receipt of a final decision by the other party, may give notice of its intention to submit the dispute to arbitration. Where the parties agree, the matter shall be presented to a single arbitrator. Where the parties do not agree, the matter shall be presented to an arbitration board. Such notice shall include the name of that party's choice of Arbitrator or appointee to the Arbitration Board. The party receiving such notice shall, within fourteen (14) working days, notify the other party of its choice of Arbitrator or appointee to the Arbitration Board. The two (2) appointees to the Arbitration Board so selected shall, within ten (10) working days, meet and name the third (3rd) member who shall be the Chair of the Board. In the event that either Party fails to name an Appointee, or if the two (2) Appointees fail to agree upon a Chair within the applicable time limits, then, at the request of either Party, the appointment shall be made by the Minister of Labour. Where the matter is submitted to the Arbitration Board/Arbitrator, the Arbitration Board/Arbitrator shall, as soon as reasonably possible, commence hearings of the matter being submitted to the Board and shall hear evidence and argument submitted by or on behalf of the Parties relevant to the matter submitted. The Chair and one other member are a quorum for an Arbitration Board; but, in the absence of a member, the other member shall not proceed unless the absent member has been given reasonable notice of sitting. The Arbitration Board/Arbitrator shall hear and determine the difference or allegations and shall issue a decision. The Arbitration Board/Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor alter, modify, or amend any part of this Agreement. The decision of the majority of the Arbitration Board/Arbitrator shall be final and binding on both parties. The Arbitration Board/Arbitrator shall not have authority to, nor be empowered to make a decision in any Arbitration where the subject matter of the Arbitration is: 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 18 (a) (b) (c) Any request for modification of the Agreement. Any matter not covered by the Agreement. Any matter which by the terms of the Agreement is exclusively vested in the University. Any such decision shall be null and void. 13.23 The Chair of the Arbitration Board/Arbitrator shall submit a report on the findings and the decision as soon as reasonably possible following the completion of the hearing to: 1. The University 2. The Griever 3. The Union 13.24 Any of the time limits referred to in the Arbitration Procedure may be extended by mutual agreement of the parties hereto. Each party shall bear all expenses of their appointee to the Board and shall bear equally the expenses of the Chair of the Board. 13.25 CLAUSE 14 UNIVERSITY’S RIGHTS 14.1 Nothing in this Agreement is intended nor shall it be construed as denying or in any manner limiting the right of the University to control and supervise operations and direct all working forces. The Union and employees recognize management's responsibilities and authority to manage its affairs, provided, however, that in the exercise of these responsibilities, the University shall not contravene the provisions of this Agreement. The Union acknowledges the right of the University to assign employees’ duties within their respective classification. At the same time, the University agrees that it will continue to consider the wishes, needs and seniority of employees along with its own requirements when assigning specific duties. In particular, the University will consider requests for reassignment of duties when regular positions are being recruited. In administering this Agreement, the University shall act reasonably, fairly, in good faith, and in a manner consistent with the Agreement as a whole. 14.2 14.3 CLAUSE 15 BULLETIN BOARDS AND SHOP STEWARDS 15.1 The University agrees to make space available to the Union in a location mutually agreed to between the University and the full-time representatives of the Union, for the purpose of posting notices directly relating to the employees covered by this Agreement. The University agrees to make space available on the bulletin board to the Union for a card indicating the name of the shop steward in that particular location. Shop stewards will be allowed to wear a steward's pin. The University agrees to recognize one (1) shop steward and one (1) alternate shop steward for the purpose of overseeing the terms of the Collective Bargaining Agreement being implemented and for the purpose of presenting complaints and grievances to the Director or Director of Human Resources. 15.2 15.3 19 15.4 The University agrees not to discriminate against any member of the bargaining unit and/or shop steward for exercising their rights under the terms of the Collective Bargaining Agreement and presenting grievances. 20 CLAUSE 16 SICK LEAVE, PENSION, AND GROUP BENEFITS 16.1 Sick leave means that period of time an employee, other than a casual employee, is permitted to be absent from work with pay because of an illness, injury or quarantine, or scheduled medical or dental appointment. 16.1.1 Sick leave for employees shall be recorded in units of hours. The use of sick leave shall be charged against an employee’s sick leave accumulation to the nearest one-quarter (1/4) hour. Thus, absences of less than one-quarter (1/4) hour will not be charged against eligible sick leave. 16.1.2 For sickness, an employee shall be allowed one-half (1/2) day for each pay period of service up to a maximum of twelve (12) days per year. When an employee commences employment before the end of the first week of a pay period, her commencement date for the purpose of this section only shall be deemed to be the first day of the pay period in which she commenced. If her commencement date is after the first week of such pay period, it shall be deemed to be the first day of the following pay period. 16.1.3 Sick leave may be accumulated to a maximum of one hundred and thirty (130) working days. Where an employee uses the Long Term Disability Plan and has no sick leave credits left, the University agrees to restore the sick leave entitlement the employee had when she commenced the one hundred and eighty (180) day waiting period for LTD, upon her return to work. The University also agrees to restore any sick leave used by an employee while receiving wage loss benefits from Worker’s Compensation and/or the Manitoba Public Insurance, upon her return to work. 16.1.4 If an employee has resigned, retired, or been discharged and is re-employed as a regular employee by the University, she is deemed to be a new employee under this Agreement, except where the employee was laid off for less than fifty-two (52) pay periods, in which case her sick leave entitlement after reinstatement shall be based upon her previous entitlement. 16.1.5 An employee who is absent from duty without prior permission shall communicate the reason for his absence to the Director, Physical Plant. Notification shall be no later than the employee’s starting time, where possible. If the Director, Physical Plant cannot be reached, the employee shall notify the Supervisor, Physical Plant. If neither can be reached, the employee shall leave a message, which shall be considered as notice. The University will provide each employee with the telephone numbers to be called and where messages are to be left. 16.1.6 An employee who suffers an illness which causes her to be absent from work longer than three (3) working days, may be required to submit a medical certificate to the Director, Human Resources. The absence shall be charged to the employee's sick leave entitlement. If an employee suffers an illness which causes her to be absent for more than three (3) days and she does not provide a medical certificate, then the employee is to be treated as being absent without pay, provided she has been asked to provide such a certificate. 16.2 The University Pension Plan, Group Life Insurance, Long Term Disability Plan and Dental Plan shall apply to eligible employees. The University will pay one hundred percent (100%) of a regular employee's monthly premium for group extended health care and life insurance benefits. An employee receiving wage loss benefits from the Long Term Disability Plan or Workers Compensation will be deemed to be on leave of absence during that absence and will retain her seniority rights in the same manner as if she were at work, but will not continue to accumulate seniority after the first one hundred and eighty (180) calendar days of such absence. 16.3 16.4 21 16.5 No regular employee who is off work on unpaid sick leave, long term disability, or Workers' Compensation, will be laid off or terminated during the first two (2) years of such absence. After those two (2) years, and should the employee have not returned to work, she shall be considered to be laid off and the provision of Clauses 10.2 and 10.3 shall apply, except, while and should she be on Worker's Compensation, she shall not be limited to the one (1) year recall provision of Clause 10.3. CLAUSE 17 REMISSION OF TUITION FEES 17.1 All employees shall have access to the expendable amount determined by the Board of Governors’ distribution rate, from the tuition endowment fund, for the spouses and children of employees belonging to the International Union of Operating Engineers local #987(D) for annual awards to offset tuition cost at any university or college in accordance with criteria to be established and amended from time to time by the bargaining unit employees in accordance with the Administrative Agreement that initially established the endowment. (2009) Should a regular employee enroll in a course, either at a University, community college, trade school, or correspondence school, total or partial tuition costs and total or partial cost of texts required for such course shall be remitted to the employee, subject to the following: (a) the taking of such course is appropriate to the employee's position and career path with the University, such provision shall not apply to normal Brandon University credit courses; the employee makes a request for remission of tuition and textbook costs, to the Director in writing, prior to commencement of such course; such request is approved by the Director and submitted to the Director of Human Resources; the taking of such course does not interfere with the employment duties of the employee; the course is successfully completed; and the employee signs an agreement with the University providing that she will remain in the University's employ for a minimum of one (1) year after completion of the course, and that should she not meet this requirement, excluding lay-off or discharge, any tuition fee and cost of texts remitted to the employee shall be repaid by the deduction from vacation pay and salary normally due and payable by the University. 17.2 (b) (c) (d) (e) (f) 17.3 A regular employee may be reimbursed for partial or total tuition costs only should she not successfully complete the course subject to the approval of the Director. The University will “waive” the tuition and program fees for Brandon University credit courses for which the employee received approval as outlined above. The University will “waive” the material and services fees to a maximum of fifty dollars ($50.00) per three credit hour course. 17.4 17.5 CLAUSE 18 USE OF UNIVERSITY PREMISES 18.1 The University agrees to allow the Union to hold meetings and conduct union business at the University outside the working hours of the employees attending. It is also agreed that the University will assign, when required and if possible, a suitable room to the Union for this purpose. 22 CLAUSE 19 CONTRACTING OUT 19.1 There shall be no contracting out of work which is presently being done by members of the bargaining unit for the duration of this Agreement, unless negotiated and agreed upon by the Parties to this Agreement. CLAUSE 20 CRIMINAL & CIVIL LIABILITY 20.1 The University agrees to reimburse an employee for the legal fees necessarily incurred by that employee in retaining legal counsel for the defense of a legal action, either criminal or civil, initiated against the employee by a third party as a direct result of the performance of her assigned duties, and provided that the actions of the employee do not constitute neglect or misconduct on the part of the employee. The provisions of this Clause shall not apply in instances where the University or the University's insurer provides legal representation for the employee. Only legal council whose practice is located within the Province of Manitoba shall be retained by an employee under Clause 20.1. 20.2 CLAUSE 21 WORKERS' COMPENSATION AND MANITOBA PUBLIC INSURANCE 21.1 When an employee is receiving wage loss benefits from Workers' Compensation and/or Manitoba Public Insurance, she shall be paid her regular salary and the University shall receive the amount paid under the Workers' Compensation and/or Manitoba Public Insurance to a maximum period of the employee's sick leave entitlement. Following this, the employee will then receive the Workers' Compensation and/or Manitoba Public Insurance benefits directly and no pay from the University. The University agrees to restore the sick leave entitlement the employee had when she commenced Workers' Compensation and/or Manitoba Public Insurance upon her return to work. CLAUSE 22 TECHNOLOGICAL AND/OR ORGANIZATIONAL CHANGE 22.1 For purposes of this Agreement, technological change shall mean changes introduced by the University in the manner in which it carries out its operations and services, excluding contracting out, where such change results in the lay-off of existing employees covered by this Agreement. If the technological change does not result in a lay-off of existing employees, this entire Article, except for 22.8, does not apply. Such change shall include the following: (a) the introduction, because of technological change or development, of equipment, material, or processes different in nature, type or quantity from that previously utilized; and/or any change in work methods, organization, operations, or processes which adversely affects one or more employees; and/or any change in location at which the University operates; and/or any change resulting from effects of legislation on the work force. (b) (c) (d) 22.2 When the University is considering the introduction of a technological change: (a) the University agrees to notify the Union as soon as possible with full information and to update the information as new developments and/or modifications arise; notwithstanding the foregoing, the University shall provide the Union, at least one hundred and twenty (120) days prior to the introduction of the technological (b) 23 change, with a complete description of the change/project to be implemented, disclosing all foreseeable effects and repercussions on employees and shall identify all positions of the University which will be affected. 22.3 22.4 All data pertinent to the technological change shall be given to the Union. When the University notifies the Union of its intention to introduce a technological change, the parties hereto shall meet within the next thirty (30) days to reach agreement on solutions to the problems arising from the intended change, and on measures to protect employees from adverse affects. The University and the Union agree to bargain in good faith as to all aspects of these matters. When the parties agree to the required solutions, the solutions shall be set forth in a Letter of Understanding signed by the parties hereto, forming part of this Agreement. When the parties hereto do not reach agreement within sixty (60) days after the date on which the Union receives the aforementioned notification of technological change, the agreed-upon issues shall be signed off between the parties hereto, and the outstanding issues in dispute shall be referred to Arbitration in accordance with the applicable Clause herein within fifteen (15) working days of the failure to agree. Notwithstanding any Clause in this Agreement, an Arbitration Board shall have the power to uphold or vary the position of either party hereto, and/or establish new positions or alternatives to be implemented as might be deemed fit to lessen or negate the detrimental effects of the technological change on employees. The award of the Board shall be final and binding upon the parties. Technological change shall not be introduced until all matters are resolved by agreement and/or Arbitration. An employee, voluntarily or compulsorily, reassigned or reclassified as a result of a technological change shall be provided with whatever retraining she requires during her hours of work with full pay from the University and at no additional cost to the employee. No new employees will be hired by the University until all employees affected by the technological change have been given an opportunity to retrain for other equivalent or higher paying positions of employment or have been assigned comparable positions at equivalent pay. The University and the Union agree that in the case of some employees, early retirement might be preferable to job retraining. Early retirement offers shall be dealt with by the University, the Union, and the affected employee, and such offer shall be at full benefits which the employee would have received at her normal retirement age with no penalties or charges against the pension payable. Nothing herein shall preclude the employee and the Union from initiating early retirement options to the University. These options shall be dealt with per the foregoing. When all options for affected employees have been exhausted and lay-off proves necessary, the lay-off shall be in accordance with this Agreement and the employee shall receive severance pay in accordance with this Agreement. 22.5 22.6 22.7 22.8 22.9 22.10 22.11 CLAUSE 23 CLOTHING ALLOWANCE AND TRANSPORTATION 23.1 a) The University will provide an initial set of standard clothing and footwear, at no cost to the regular employee, that shall represent the full entitlement for the regular employee for one fiscal year. After that year, the University will provide reimbursement of up to $437 per year for each regular employee to use to supplement or replace any clothing or footwear that the regular employee deems necessary and that is appropriate to the duties of the regular employee as per clause 23.2 e. b) Within the $437 annual allowance, the University will reimburse regular employees 24 up to a maximum of one hundred and twenty-five dollars ($125.00) per fiscal year for the purchase of required and approved safety shoes/boots. Should an employee not receive a reimbursement ($125.00) in a fiscal year, the funds shall remain available for subsequent years to a maximum of three (3) years and the allowance for more than one (1) year may be combined to a maximum reimbursement of three hundred and seventy-five dollars ($375.00). 23.2 A committee shall be maintained, comprised of three members from the Union and three members from the University whose mandate shall be: a. To maintain an appropriate standard of clothing for the members of the unit. The range of clothing shall be appropriate for both genders, for all job types, for all working conditions, and shall be as comfortable, attractive, safe, and as uniform in appearance as possible. b. to establish a standard of safety footwear for all members of the unit. The range of footwear shall meet applicable safety standards and be appropriate for both genders, for all job types, and for all working conditions, and shall be as comfortable, attractive, and as uniform as possible. c. to choose a vendor or vendors of clothing and footwear from which the standard clothing and footwear can be purchased. The choice of vendor should satisfy the objectives outlined in the above for both clothing and footwear as well as be considerate of the convenience for employees’ time in choosing the clothing and footwear. d. to establish the number of items of clothing which will be provided initially by the University for each regular employee. e. to establish a record and reimbursement system, including time frames, based on submission of receipts for articles of clothing purchased to a maximum of $437 per regular employee per fiscal year. 23.3 The standard of clothing and footwear and the administration of the system shall, if possible, be such that it will be considered to be a non-taxable benefit to the regular employee by Canada Customs and Revenue Agency. 23.4 Where the place of employment and the place of residence of an employee are both within the boundaries of the city of Brandon, and the work period of an employee ends between 12:00 Midnight and 6:00 a.m., the University shall provide her with adequate transportation to her residence at its expense. Similarly when the work period of an employee begins between 12:00 Midnight and 6:00 a.m., the University shall provide her with adequate transportation from her residence to the place of employment at its expense. CLAUSE 24 SAFETY AND HEALTH 24.1 The University will continue to provide its employees with safe working conditions, equipment and materials. The University and employees shall ensure safe working practices. CLAUSE 25 WAGES 25.1 Employees shall be paid in accordance with wage schedules in Schedule "A" attached to and forming part of this Collective Agreement. CLAUSE 26 SEVERANCE PAY AND NOTICE 26.1 A retiring regular employee who is over 55 years of age and who has at least ten (10) years, or equivalent, continuous service with the University, shall receive severance pay 25 upon retirement in the amount of one (1) week's salary (at the final rate of pay) for each complete year of service to a maximum of fifteen (15) weeks' salary. 26.2 The estate of an active employee who meets the age and service requirements outlined above and who dies while in the service of the University, shall receive severance pay calculated as in 26.1. A regular employee who is terminated for reasons other than for cause or who is not recalled after a layoff per Clause 10.3, regardless of age or years of service, shall receive severance pay calculated as in 26.1. In the event that such an employee is subsequently rehired by the University within fifty-two (52) pay periods, she shall, as a condition of employment, reimburse the University for all monies received under the terms of this Clause. This Clause does not apply to seasonal lay-offs. An employee who is dismissed for cause is not eligible for severance pay. An employee who has resigned voluntarily is not eligible for severance pay. A regular employee who is to be laid off shall receive four (4) weeks' written notice to that effect. A regular employee whose employment is terminated for other than cause shall receive four (4) weeks' written notice to that effect, or four (4) weeks' pay in lieu of notice. No regular employee, other than one suspended, terminated or laid off, shall quit her employment without having given four (4) weeks' written notice of her intention to quit. Acceptance of any less shall be at the University's discretion. 26.3 26.4 26.5 26.6 26.7 26.8 CLAUSE 27 DESCRIPTION OF DUTIES 27.1 The University will, annually, provide the Union with a description of the duties and responsibilities of each classification as listed in Schedule “A”. It is mutually agreed that there shall be no strikes, lockouts, stoppages of work, or slow-downs during the life of this Agreement. 27.2 CLAUSE 28 PERIOD OF AGREEMENT 28.1 This Agreement shall be in full force and effect from the 1st day of April, 2009 until the 31st day of March, 2012. Should either party desire to propose changes to this Agreement, they shall give notice in writing to the other party, not more than one hundred and twenty (120) calendar days and not less than thirty (30) calendar days prior to the date of termination. This Agreement may be amended during its term by mutual agreement between the University and the Union. 28.2 28.3 26 I.U.O.E. (D) Negotiators: Board Negotiators: ________________________________ P. Campbell (Spokesperson) _________________________________ S. Lamont (Spokesperson) ________________________________ T. Bourgeois _________________________________ B. Smith _________________________________ C. Colter IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS FOR AND ON BEHALF OF THE BRANDON UNIVERSITY AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 987 (D): ____________________________________ R. Lonstrup, Chair Board of Governors Brandon University ____________________________________ Louis P. Visentin President Brandon University 27 SCHEDULE 'A' HOURLY RATES 1-Apr-09 1 Lead Hand Building Service Worker Cleaner/Caretaker Groundskeeper Casual $20.22 $19.07 $18.78 2 $20.62 $19.45 $19.15 3 $21.03 $19.84 $19.53 4 $21.45 $20.24 $19.92 $13.91 $11.44 1-Apr-10 1 Lead Hand Building Service Worker Cleaner/Caretaker Groundskeeper Casual $20.83 $19.64 $19.34 2 $21.24 $20.03 $19.72 3 $21.66 $20.43 $20.11 4 $22.10 $20.85 $20.52 $14.32 $11.79 1-Apr-11 1 Lead Hand Building Service Worker Cleaner/Caretaker Groundskeeper Casual $21.40 $20.18 $19.87 2 $21.82 $20.58 $20.26 3 $22.26 $20.99 $20.67 4 $22.71 $21.42 $21.08 $14.72 $12.11 28